§ 73-501. Authority to prosecute administrative enforcement proceedings.
§ 73-501. Authority to prosecute administrative enforcement proceedings. The Investor Protection Unit, under the direction of the Director, shall have the authority to prosecute administrative proceedings to enforce the provisions of this chapter. 78 Del. Laws, c. 175, §§ 116, 118; 79 Del. Laws, c. 182, §§ 1, 3;
§ 73-502. Judicial review.
§ 73-502. Judicial review. (a) Any party aggrieved by an order of the Director may appeal such order to the Court of Chancery as follows: (1) The party must file a notice of appeal with the Court, and serve a copy thereof on the Director, within 30 days of the date the notice of the […]
§ 73-503. Statute of limitations.
§ 73-503. Statute of limitations. (a) In any administrative, civil or criminal action brought by the Director seeking registration suspension or revocation, fines, costs, restitution or imprisonment, no more than 5 years shall have passed from the date of the violation to the date of the initiation of the proceeding. (b) This 5-year limit shall […]
§ 73-601. Administrative remedies.
§ 73-601. Administrative remedies. (a) In any administrative proceeding before the Director, the Director may issue orders providing for the following remedies: cease and desist; fine, assessment of costs; restitution to investors; conditional or probationary registration; censure or reprimand; special reporting requirements; or other remedies which the Director determines to be in the public interest. […]
§ 73-602. Injunctions.
§ 73-602. Injunctions. Whenever it appears to the Director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the Director may in the Director’s own discretion bring an action in the Court of Chancery […]
§ 73-603. Escrow of funds.
§ 73-603. Escrow of funds. Whenever the Director shall deem it necessary in the public interest the Director may require that the proceeds of sale of the securities of an issuer be held intact until such proceeds aggregate a fixed amount and that such proceeds be held intact under an appropriate agreement of escrow with […]
§ 73-604. Criminal penalties.
§ 73-604. Criminal penalties. (a) Fraud of $50,000 or more; class E felony. — Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $50,000 or more, shall upon conviction be fined not more than $200,000 or imprisoned not more than 5 years at Level V incarceration, […]
§ 73-605. Civil liabilities.
§ 73-605. Civil liabilities. (a) Any person who: (1) Offers or sells a security in violation of § 73-302, § 73-301 or § 73-210(b) of this title, or of any rule or order under § 73-211 of this title which requires the affirmative approval of sales literature before it is used, or of any condition […]
§ 73-701. Administrative files.
§ 73-701. Administrative files. (a) A document is filed when it is received by the Director or a designee as stipulated by rule or order. Other than filing fees, the Director may waive document filing requirements. (b) The information contained in or filed with any registration statement, application, report or filing may be made available […]
§ 73-702. Service of process.
§ 73-702. Service of process. Every applicant for registration under this chapter, every person making a notice filing pursuant to this chapter, and every issuer which proposes to offer a security in this State through any person acting on an agency basis in the common-law sense shall file with the Director, in such form as […]